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Chapter 4: Civil Liberties and Public Policy

Terms in this set (11)

4th Amendment: "Unreasonable search and seizure"
-requires probable cause (a reason as to why police believe someone should be arrested).
-requires a search warrant (written authorization for a court specifying an area to be searched and what they are searching for).
-exclusionary rule applicable (rule that evidence, no matter how incriminating, cannot be used if it is obtained illegally)
-Mapp v. Ohio: Supreme Court decision extended 4th amendment rights to the states.

5th Amendment: Rights of the person accused
-self-incrimination (when an individual is accused of a crime and is compelled to be a witness against him or herself)
-Miranda v. Arizona: Set the following guidelines for police questioning of an accused person 1) right to remain silent and refuse to answer questions 2) anything can be used against them in a court of law 3) right to a lawyer during questioning and a court provided attorney if they can't afford one.

6th Amendment: designed to protect individuals accused of crime
-includes right to counsel, right to confront witnesses, and right to speedy and public trial.
-Gideon v. Wainwright: extended the right to an attorney for everyone accused of a felony in a state court.
-protects against Habeas Corpus and guarantees that a person arrested has the right to be brought in front of a judge.

8th Amendment: forbids cruel and unusual punishment.
-Furman v. Georgia: court decided that death penalty wasn't cruel and unusual punishment but overturned his death penalty order.
-Gregg v. Georgia: upheld constitutionality of the death penalty, saying that "it is an extreme sanction, suitable to the most extreme of crimes."
-McCleskey v. Kemp: upheld constitutionality of death penalty on charges that it violated 14th amendment because minority defendants were more likely to receive the penalty than white defendants.